Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al‑Anezi v Minister for Immigration & Multicultural Affairs
[1999] FCA 556 MIGRATION – judicial review of decision of Refugee Review Tribunal affirming decision not to grant applicant protection visa – definition of "refugee" – country of former habitual residence – "unable … to avail himself of the protection of that country" – whether well‑founded fear of persecution must exist at time of decision as to refugee status – discretion – error of law – whether Tribunal would have reached same decision even if it had not made error of law
WORDS AND PHRASES - "refugee" Rishmawi v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 421 referred to Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration and Multicultural Affairs v Thiyagarajah (1997) 80 FCR 543 cited
SHAYEA RAHAQ AL‑ANEZI v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NG 1225 OF 1998
LEHANE J
5 MAY 1999
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1225 OF 1998
BETWEEN: SHAYEA RAHAQ AL‑ANEZI
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LEHANE J
DATE OF ORDER: 5 MAY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal dated 10 November 1998 be set aside. 2. The matter be remitted to the Refugee Review Tribunal for re‑determination in accordance with law. 3. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1225 OF 1998
BETWEEN: SHAYEA RAHAQ AL‑ANEZI
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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